[WSBARP] PC who does not want to probate

[Kate Love]

So, I too wanted to know precisely how one would go about accomplishing this, and as I recently to be in communication with the manager at the Chicago title unit in Seattle, I called them back up, posed your question and below are the general steps recommended by Chicago for a situation like this:


  *   File the Will in the superior court of the county of the real property, officer said they don’t require a probate,
  *   Prepare a lack of probate affidavit for both deaths – the form above has two versions – a longer one for title’s internal use and a shorter one for recording,
  *   Record both affidavits with the deed from daughter/sister to son/brother, and
  *   Record the death certs of both Mother and Father at the same time

Obviously, this is a general recommendation, if you want the title officer’s info, just email me at katel at law-hawks.com<mailto:katel at law-hawks.com>  😉  Kate


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Tuesday, March 26, 2019 11:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] PC who does not want to probate

Thanks Kate.  Don’t we still need some way to get the will in the public record?

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kate Love
Sent: Tuesday, March 26, 2019 10:14 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] PC who does not want to probate

There are probably other authorities for the immediate passage of title to real property on death with a will, but In re Jones, 152 Wn.2d 1, 152 Wn.2d 1 at page 12  is a good one:

“Under RCW 11.04.250<https://www.casemakerlegal.com/SearchResult.aspx?searchFields%5bstate%5d=&query=RCW+11.04.250&searchCriteria=CodeSec&tabAction=ALLC&dtypeName=&headAdmin=&headCaselaw=&headStatutes=&searchType=overview&jurisdictions.allStates=on&jurisdictions.includeRelatedFederal=on&showdirectdoc=yes&insession=no&onlyone=yes>, the title to land vests to devisees at the time of the devisor's death.”

😉😉  Kate


From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Andrew Hay
Sent: Tuesday, March 26, 2019 9:00 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] PC who does not want to probate

How does title get from Dad to the sister without some validation of the will?

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, March 26, 2019 8:54 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] PC who does not want to probate

As I understand the facts that should work.  You would need a lack of probate affidavit for the death of Mom to put record title in Dad (provided there was no probate.)  Title passes on death of Dad to Sister and the lack of probate affidavit evidences that.  The deed passes title from Sister to Brother, and should be excise tax exempt provided there is no debt.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Monday, March 25, 2019 5:12 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] PC who does not want to probate

I have a PC. Title in Mom and Dad. Mom passed away several years ago and  Dad just passed away. PC wants the property transferred to him without probate. His sister is OK with that. The will leaves the property to sister.
Can we transfer with a Lack of Probate Affidavit and a deed from Sister to Brother?


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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